Arvind Manjhi @ Arvind Majhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31130 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- MUSAHARI District- Muzaffarpur ====================================================== Arvind Manjhi @ Arvind Majhi son of Late Mangar Manjhi Resident of village- Radha Nagar, P.S- MUSHAHARI, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Mushahari P.S. Case no.274 of 2023 registered under sections 302, 201 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the accused persons including the petitioner herein entered into an altercation with the informant's father, abused him and went away giving threats. Subsequently his father on having gone out for some work disappeared. Later, his dead body was recovered in the agricultural field. The informant states that he is convinced that the accused persons including the petitioner have a hand in the occurrence.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only on the

Patna High Court CR. MISC. No.31130 of 2024(3) dt.26-07-2024 2/2 basis of an unfounded suspicion. There are no eye witness to the alleged occurrence and referring to the order of the learned trial Court, it is submitted that prosecution is mainly relying on the confessional statement of the petitioner made before police not leading to recovery of any incriminating article. The petitioner is in custody for more than six months since 29.12.2023 and has no criminal antecedent. Chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the nature of material that has transpired in course of investigation against this petitioner together with the petitioner having remained in custody since 29.12.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Mushahari P.S. Case no.274 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Muzaffarpur (East), District Muzaffarpur. (Partha Sarthy, J) Saurabh/- U T